What are the advantages to the landowner granting an easement?
The advantages are (a) the conservation values (wildlife habitat, open spaces, stream bed, wild bird nesting area, etc.) are preserved, (b) there are income and estate tax benefits (discussed above), (c) after the easement is granted, the existing recreational and agricultural uses can be continued and/or leased to third parties and there is no public access. 16. What are the disadvantages to the landowner granting an easement. The disadvantages are (a) the lack of flexibility imposed on the landowner and future generations by the requirement that the term of the easement is perpetual, (b) the loss of market value on the land resulting from the restrictions on the developmental potential, (c) the expenses related to the consummating an easement, including attorney’s fees, appraiser fees, stewardship fund expenses and surveyor’s fees, (d) the possibility that the development restrictions may create problems with lenders because all liens must be subordinate to the easement, (e) restrict
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- What are the advantages to the landowner granting an easement?